Contemptible?
I'm wondering if anyone else has advice on this. My husband is currently trying to get support and visitation modified. They had an arbitration with a magistrate during which the magistrate ordered that my husband be allowed phone contact with the kids (we're out of state) every Sunday evening at 7pm. In the last 3 weeks, she has not had the kids at home to take his phone calls. Once, the ex's mother (yep - she's a winner, lives with her mom so that she doesn't have to pay rent) answered and in her snotty little tone gave my husband a phone number where he could reach the kids, and then specified that it was for THAT WEEKEND ONLY. Turned out, it was my hubby's stepmom's cell, but I digress. Tonight he called and no answer. He called his Dad's house, only to be told by the SM that the kids are not there. She tried the ex's cell and no answer. SHe then proceeds to tell him that she thought the ex had mentioned spending this weekend at an amusement park.
My hubby seems to have a knack for choosing less then adequate lawyers- we're on the third one now and he never seems to return phone calls. ARGH. We would hire another, but can't afford the retainer. So until he can get ahold of him I guess I'm wondering if anyone has any idea as to how many of these court ordered contacts she can deny him before we can start to push for contempt? Advice would be greatly appreciated as I am at my wits end. All he's asking for is phone contact.
BTW
I probably should mention for those that haven't read my previous posts, that this is a big issue for us as it is exactly why visitation stopped in the first place. She would make sure that they weren't home when he went to get the kids, or would just flat out refuse to give them to him. So any ideas would be welcome. THanks again.
Allyceson
Contempt is a hard thing! It has been my experience/is my opinion that all the court really cares about is if the check comes on time…we always hear about fathers getting locked up for not paying their support…how many times have you heard about a mother being jailed for denying visitation?! NEVER…I’m sorry that I can’t offer much help b/c we are currently going through the same issue! All I can tell you is what we do…send an e-mail to this effect:
Subject: Child’s Missed Visit - Date
I wanted to e-mail you to ask why you did not allow me to see (talk to) the children for their court ordered visitation time (state date and time here). I did not receive notice from you that they would not be coming for the visit. (or in your case you have continually denied me the opportunity to speak to my children) I want to put you on notice that you are in violation of our court ordered visitation and if this behavior continues, I will be taking you back to court for contempt.
I don’t know how “legally binding” this is but it is better than nothing…especially if she is stupid enough to respond and acknowledge that she did it! Also, when/if you do go back to court you have a paper trail!
Ok I am a bit confused?
Your husbands EX-WIFE stays at his father and SM house?
If this is the case WHAT THE HELL?
I think you need to get some advice as to getting a lawyer who is more like a pit bull. Who became a lawyer for the thrill of the fight.. Does that make sense..
Yes I agree that CONEMPT is hard to do.. But when I went back to get my support modified and stuff my lawyer basically stated that when my kids are 17 they still have to go to there dad's by law, he said without physically forcing them but said that if my husband wanted to he could press those charges if they did not go and I would be in trouble. I think that you should pursue this.
Those kids are probably being told bad things by there mom. who knows what she is telling them..
Thanks for the advice!
I am going to steal exactly what you wrote Nise! I read it verbatim to my husband and he thinks it's great. I can't believe how gross the court system is. How are these kid's supposed to grow up knowing that money isn't everything, if all they see is that it's not important to have a relationship with Dad, just that he pays his support?
Happy- yup, you read it correctly. My hubby's lovely fam decided to side with the ex during the divorce so that they could have the kids more (ex pawns them whenever possible so that she can go clubbing, shopping, etc- but just HAD to have full legal and physical custody). His father, who he wasn't ever really close to, but is still HIS father, even testified during the divorce as to how much the ex was doing to try to make sure that the kids saw my hubby. Keep in mind that at this time my hubby was not talking to him as he had already decided to bed with the ex (figuratively) so all he had to go on was her word. They (his father and SM) never even met me as they "weren't ready". Whatever, they didn't want to piss off the ex. Sorry to go on- sore subject with me. Needless to say, we don't exchange xmas cards.
I wish we could hire another attorney. $ is a serious issue. Unfortunately, we're in another state at this point and took a gamble on the one he has now as we don't know anyone in the area who could recommend a good attorney.
Thanks again, ladies!